Parrish v. Fed. Nat'l Mortg. Ass'n

JUSTICE POWELL concurring 1 in part and dissenting in part.

Although I agree with the majority that general district courts, as courts not of record, do not have the subject matter jurisdiction to try title to real property, I cannot agree with the majority's reasoning that questions concerning title are the equivalent of trying title. In my opinion, there is a significant difference between an action that turns on the question of title and an action that tries title. The former is merely an evidentiary question, whereas the latter involves a conclusive determination of a party's claim of…